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Home My WebLink AboutAshbaugh - 2012 Supporting documentation` vITY OF SAN LUIS OBISPO — CAMPAIGN STATEMENT DISCLOSURE LOG Date of Election: Nov. 6, 2012 Candidate: John Ashbaugh SLO, 93405 E -mail jbashbaugh @charter.net Office Sought: Council Treasurer: Zaf Igbal SLO 93401 Committee Name: Committee to Re -elect Councilman Ashbaugh I.D. Number: 1348329 Form #/ Name i Date Due Date Filed Period Covered Amendment Filed 501 6/1/12 410 8/3/12 460 7/31/12 8/3/12 460 10/5/12 /v 1 Z 7 , /2.- 91-?011 2 o IZ lb fZ 7 Z- J,3o►z GT' P /a zs a- la z75- 1v0 1 Iz- lPAW tz- io 27 4z, U 16 75 h a S y (o 2- 10 /16/117-- 10 2_ 2 ' .3 ► 5)3 12- 1Z- 31 13 5�� D 31 /3 i d s 13 1o12_1 /12- 1 Z, 3# r GA702 -01 Elections \Campaign Statement Disclosure Log — Master \Campaign Statement Disclosure Log 8/23/2012 :,qty Of san lugs oBispo ath of o ffice I, ,john .Ashbaugh, do solemnly swear that I witC- support and defend the Constitution of the United States and the Constitution of the State of CaCfornia against all enemies foreign and domestic; that I will bear true faith and alCegiance to the Constitution of the United States and the Constitution of the State of CaCfornia; that I take this obligation freely, 'without any mental reservation or purpose of evasion; and that I will weCC and faithfully discharge the duties upon which I am about to enter. Subscribedandsworn to before me, this 3'"d day of December 2012. ?JWaeve enne Grimes, City CCerk AGREEMENT IN LIEU OF CIVIL ACTION This Agreement is entered into thisaday cif &, 2012 by and between the City Attorney of San Luis Obispo on behalf of the People ( "City Attorney ") and John Ashbaugh ( "Ashbaugh "), collectively referred herein as "Parties" in full and final resolution of allegations raised in the Complaint as defined below. RECITALS A. Ashbaugh was elected to serve on the City Council of the City of San Luis Obispo ( "Council ") in 2008 for a four year term, and is currently serving the term. B. Ashbaugh is currently campaigning to be re- elected to the Council to serve another four year term to begin on December 1, 2012. C. The City of San Luis Obispo ( "City ") adopted Chapter 2.40 of the San Luis Obispo Municipal Code ( "SLOMC "), which sets forth local campaign regulations governing the campaigns of candidates for Council. D. The City Attorney, as City Prosecutor, is authorized to enforce Chapter 2.40 of the SLOMC in the name of the People. E. On October 22, 2012, the City Attorney received a against Council member John Ashbaugh alleging: 1) Ashbaugh violated Government Code section 8314 by using city email to conduct campaign business; and 2) Ashbaugh violated SLOW section 2.040.040(B) because he accepted a $200 monetary contribution, as well as wine for a campaign event, from a single contributor, the value of which together exceeded the $200 campaign contribution limit; and 3) Ashbaugh violated SLOW section 2.40.060 because he filed his campaign disclosure statement three days late. F. Ashbaugh admitted that he accepted a $200 monetary contribution and two bottles of wine, but disputes that the he intentionally violated local campaign contribution limits. G. Based on published prices obtained by the City Attorney, the maximum value of the wine has been assessed at $84 (with a possible value range of $56 -$84); thus, the combined value of the monetary and wine contributions exceeds the $200 campaign contribution limit by an individual pursuant to SLOW 2.40.040(B). H. Based on the foregoing, the City Attorney finds there is merit to the Complaint regarding a contribution limit violation and intends to pursue enforcement under the Municipal Code, absent a voluntary resolution. I. The City Attorney lacks jurisdiction to enforce alleged violations of California Government Code, Section 8314, the provisions of which are within the enforcement jurisdiction of the District Attorney or the California Attorney General; thus this agreement does not reflect any conclusions as to the merit of those allegations or purport to make any promises or representations of any kind regarding enforcement related to or arising from said allegations. J. After consultation with the City Clerk and review of applicable regulations regarding compliance with campaign statement filing deadlines, the City Attorney has determined that the City Clerk's office, in the exercise of its reasonable discretion and consistent with past practice, did not enforce a penalty for late filing related to Ashbaugh's three day delay in filing a campaign statement; thus, there is no basis on which to pursue enforcement under the Municipal Code for that alleged violation. K. The Parties desire to avoid costly litigation and to seek an expeditious resolution of the allegations set forth in the Complaint consistent with the remedies allowed under the Municipal Code. Therefore, in consideration of the mutual benefits, promises and agreements set out herein, the parties agree as follows: AGREEMENT 1. Recitals. The Recitals are incorporated herein as if fully set forth in the Agreement. 2. Payment of Penalty. Pursuant to SLOMC section 2.40.100(A), Ashbaugh agrees to pay a civil penalty in the amount of $252, which is three times the maximum value of the wine contribution in excess of contribution limits, to the City treasury within 5 calendar days of the date of execution of this Agreement. The parties acknowledge that payment of this amount reflects the maximum penalty that could be recovered as a civil penalty pursuant to the SLOMC section 2.40.100(A). 3, No Further Action. The City Attorney, in her capacity as City Prosecutor, agrees to take no further action pursuant to Chapter 2.40 arising from the allegations raised in the Complaint; provided, however, that Ashbaugh has satisfied the obligation set forth in paragraph 2. 4. Costs and Attorneys Fees. Each party shall bear his or her own attorney's fees and costs. 5. Successors in Interest. This agreement shall be binding upon and shall inure to the benefit of, the heirs, assigns and all other successors in interest of the Parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first wriA0v John tty Attorney for City of San Luis Obispo As City Prosecutor for the People Approved As To Form: By: rm Attorney for John Ashbaugh JOHN B. ASHBAUGH PA IC A N A ABAUGH 193 �iSWIS O8 SPO, CA 593405 90- 3807/1222 2047 DATE fb nv' - All DOLLARS 8 EE= FRSrLAK W 15 Cf f H C f 4 9StS A anM1Sbn d Pacilfc y Baru. NA- - 11"1 995 HiguMaSucec • Sam ��' fJ193405 • BEb, 733.2756 Np MEMO Grimes. Maeve From: Grimes, Maeve Sent: Monday, October 29, 2012 11:17 AM To: 'John Ashbaugh (john @johnashbaugh.com)'; 'zigbal @calpoly.edu' Subject: FPPC Filing forms received 10/25/12 Dear Candidate, I am in receipt of your Form 460 and Supplemental Campaign Contribution Statement filed with my office on October 25, 2012. In reviewing your documents, it appears that the Contribution Period Ending Date was reported as 10/16/12 when in fact the reporting period should have covered 10/01/12 — 10/20/12. Please amend your forms and file them with my office at your earliest convenience. Thank you for your attention to this matter. maeve kennedy c4mmes City Clerk city of sAn Luis oslspo 990 Palm Street San Luis Obispo, CA 93401 phone: (805) 781 -7102 Email: mgrimes @slocity.org Grimes, Maeve From: Grimes, Maeve Sent: Tuesday, October 23, 2012 6:02 PM To: jbashbaugh @charter.net' Subject: Candidate 460 forms Hello John, The following issues have been brought to my attention regarding your Amended Form 460. Schedule A: - "San Luis Obispo Democratic Club" (page 9) does not disclose a committee ID #. Schedule B: - No new loan reported this period despite that new loans received in the amount of $6,441.06 is reported. (See page 3, line 2.) This appears to be an erroneous "double" reporting of the identical amount reported last period. The obvious error significantly affects the "Ending Cash Balance" (page 3, line 16). Please address these issues in an amended Form 460 and file it with the Clerk's Office at your earliest convenience. mAeve kenneay gp-imes City Clerk City of SAn lulls owspo 990 Palm Street San Luis Obispo, CA 93401 phone: (805) 781 -7102 Email: mgrimes @slocity.or� Grimes, Maeve From: John Ashbaugh <john @johnashbaugh.com> Sent: Monday, October 29, 2012 1:26 PM To: Grimes, Maeve Cc: Zaf Iqbal; Clint Weirick (California.Political.News.CW @gmail.com) Subject: RE: FPPC Filing forms received 10/25/12 I'll be in shortly, but I am hopeful that Zaf Igbal will be in even sooner to file the amended Form 460 for both the Sept. 30 filing period, and for this latest one. It is important to note that the amended 460 for October 1 -20 will correct an error in the original filing on Schedule that listed the "contributor" of the pizza, wine & beer (value= $1,200) as the Full of Life Flatbread Pizza Co. of Los Alamos. The donor was me, and I apologize for the mis- reporting; I had thought we were listing there only the vendor of these items. That is now corrected (among other things) on the amended Form 460 that Zaf is bringing in. Thanks! JA From: Grimes, Maeve [mailto:mcgrimes@slocity.org] Sent: Monday, October 29, 2012 11:17 AM To: John Ashbaugh; 'zigbal @calpoly.edu' Subject: FPPC Filing forms received 10/25/12 Dear Candidate, I am in receipt of your Form 460 and Supplemental Campaign Contribution Statement filed with my office on October 25, 2012. In reviewing your documents, it appears that the Contribution Period Ending Date was reported as 10/16/12 when in fact the reporting period should have covered 10/01/12 — 10/20/12. Please amend your forms and file them with my office at your earliest convenience. Thank you for your attention to this matter. Maeve kennedy gwmes City Clerk City Of SAn lugs ompo 990 Palm Street San Luis Obispo, CA 93401 phone: (805) 781 -7102 email: mgrimes @slocity.or� Schroeder. To: John Ashbaugh Subject: Nomination Paper Your nomination paper qualified you for the Nov. ballot. Sheryll MC Elections Pg. 1 Candidate Statement of Qualifications John B. Ashbaugh Age: 59 Occupation: Instructor, Hancock College I came to San Luis Obispo after earning a Masters in City Planning at Cal in 1976. After twenty years in local government and private practice, I earned a doctorate at UCSB in Educational Leadership in 2000; I now teach history at Hancock College. My first Council term has achieved much, but there's still much work to do. We balanced the budget each year, sustained vital services, and won reasonable concessions from our hard - working employees. We're moving to replace the rickety Maxine Lewis Shelter, consolidating and expanding services for the homeless. We've strengthened programs to assure quality neighborhoods. We're updating our General Plan Land Use /Circulation Elements. We've acquired significant new open space for the City's greenbelt and trail system. We adopted a new Cultural Resources Protection Ordinance, and volunteers are helping to update our inventory of historic buildings. In spite of this lingering recession, we've cut the ribbon on downtown improvements, new bicycle paths, affordable housing projects, public art, and the Prefumo Creek Shopping Center. We'll soon see two new multi -use projects in the downtown. We adopted our Climate Action Plan and our Economic Development Strategy is on deck. I look forward to another term on the Council. 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After ya twenty years in local government and private practice, I earned a doctorate at UCSB in Educational Leadership in 2000; I now teach history at Hancock College. My first Council term has achieved much, but there's still much work to do. We balanced the budget each year, sustained vital services, and won reasonable concessions from our y hard - working employees. We're moving to replace the rickety Maxine Lewis Shelter, consolidating and expanding services for the homeless. We've strengthened programs to assure quality neighborhoods. We're updating our General Plan Land Use /Circulation Elements. We've acquired significant new open space for the City's greenbelt and trail system. We adopted a new Cultural Resources Protection Ordinance, and volunteers are helping to update our inventory of historic buildings. In spite of this lingering recession, we've cut the ribbon on downtown improvements, new bicycle paths, affordable housing projects, public art, and the Prefumo Creek Shopping Center. We'll soon see two new multi -use projects in the downtown. We adopted our Climate Action Plan and our Economic Development Strategy is on deck. I look forward to another term on the Council. Thank you. State FPPC Committee #1348329 "city Of ,A san Luis oBispo 990 Palm Street San Luis Obispo, CA 93401 Phone 805 - 781 -78100 TO: John Ashbaugh San Luis Obispo, CA 93405 DESCRIPTION Campaign Statement for Ballot CITY OF SAN LUI4 iDISpo F-E -CUT rill: FINANCE. CA-SHIER 010003466,q F'AYORt 3OHN ASH'BAUGH T0110'S DATE: 08/03x` PEGISTER IIATE. OB/C13l1 ' TIME. 12:35 DESCRIPTION AMOUNT CU7T III :CAMPAIGN STATEMENTS MISCELLANEOUS REVENUE $389.00 TOTAL DUE, $389,01, CHECK F'A111: $389.013 I,:HECI': NOu 207? TERERED: CHANGE: $389.00 $.00 FOR: Campaign Statement UNIT PRICE INVOICE INVOICE #144 DATE: AUGUST 3, 2012 QUANTITY ` AMOUNT $389.00 TOTAL 1 $389.00 Make all checks payable to the City of San Luis Obispo. Total due at the time of pick up. Payments are made at our Finance Department downstairs, and return receipt to the Clerk's e Office. Thank you for your business! Required to be given to candidate .wired to be signed and returned BALLOT DESIGNATION WORKSHEET This worksheet is intended to assist in the prompt evaluation of requested ballot designations. Name of Candidate: L , (�' ; a I\— Office C�,_,.,C_-_( 4au, (Including district or division Home Address: (Number and street address) (City, State and Zip Cod Business Address: (Number and street address) (City, State and Zip Code) Mailing Address: U/4 -- (If different from above) Daytime Telephone Number:�� / (area code) Evening Telephone Number: :� `{ / (area code) Fax Telephone Number: (area code) E -mail: Name of Attorney or Other Person Authorized. to Act in Your Behalf: His /Her Fax Number: (City, State and Zip Code) (area code) Telephone Number: (area code) E -mail Address: PROPOSED BALLOT DESIGNATION: C _k_—L ,� V%A e,4, t -le X , (Note: Designation must be your principal profession, vocation or occupation and m4y tie no more than three words; however, you may use the full title of the elective office you currently hold.) (optional) If above not accepted, 1St alternative: 2nd alternative: Describe what you do and why you believe you are entitled to use the requested ballot designation. If using the title of an elective office, you may submit a copy of your certificate of election or appointment. The term `incumbent" must be used as a noun. It shall not be used in conjunction with any other words, including any accompanying adjectives or modifiers, and must stand alone. Your Job Title: Dates You Held the Position: 3 ,,rr Name of Your Employer or Business:�ru c-cil� �dl Contact Person(s) Who Can Verify this Information: Name(s): Telephone Number(s): (area code) To the best of my knowledge and belief, the above - requested ballot designation(s) represent my true principal profession(s), vocation(s) and /or occupation(s) which I am entitled to use as my ballot designations pursuant to §13107 and 13107.5 of the Elections Code. Signed and dated this _ day of �_ r ' in 5� e. ( ) Signatur You may attach whatever supporting documentation or exhibits you wish that you believe support your propo ballot designation. These documents will not be returned to you, so do not submit original versions. WormsWomination DocumentslBallot Designation Worksheet 2012 / Revised 10/2011 MC Elections Required to be given to candidate Required to be signed and returned BALLOT DESIGNATION REQUIREMENTS For your reference, the relevant provisions of Elections Code sections 13106, 13107 and 13107.5 are reproduced below: 13106. NO TITLE OR DEGREE No title or degree shall appear on the same line on a ballot as a candidate's name, either before or after the candidate's name. 13107. BALLOT DESIGNATION REQUIREMENTS (a) With the exception of candidates for Justice of the State Supreme Court or Court of Appeal, immediately under the name of each candidate, and not separated from the name by any line, may appear at the option of the candidate only one of the following designations: (1) Words designating the elective city, county, district, state, or federal office which the candidate holds at the time of filing the nomination documents to which he or she was elected by vote of the people, or to which he or she was appointed, in the case of a superior court judge. (2) The word "incumbent " (without any other word(s)) if the candidate is a candidate for the same office which he or she holds at the time of filing the nomination papers, and was elected to that office by a vote of the people, or, in the case of a superior court judge, was appointed to that office. (3) No more tha rr three words designating either the current principal professions, vocations, or occupations of the candidate, or the principal professions, vocations, or occupations of the candidate during the calendar year immediately preceding the filing of nomination documents. For purposes of this section, all California geographical names shall be considered to be one word. Hyphenated words that appear in any generally available standard reference dictionary, published in the United States at any time within the 10 calendar _years immediately preceding the election for which the words are counted, shall be considered as one word. Each part of all other hyphenated words shall be counted as a separate word. (4) The phrase "appointed incumbent" if the candidate holds an office by virtue of appointment, and the candidate is a candidate for election to the same office, or, if the candidate is a candidate for election to the same office or to some other office, the word "appointed" and the title of the office. In either instance, the candidate may not use the unmodified word "incumbent" or any words designating the office unmodified by the word "appointed. "" However, the phrase "appointed incumbent" shall not be required of a candidate who seeks reelection to an office which he or she holds and to which he or she was appointed, as a nominated candidate, in lieu of an election, pursuant to Sections 5326 and 5328 of the Education Code or Section 7228, 7423, 7673, 10229, or 10515 of this code. (b) Neither the Secretary of State nor any other elections official shall accept a designation of which any of the following would be true: (1) it would mislead the voter. (2 It would suggest an evaluation of a candidate, such as outstanding, leading, expert, virtuous, or eminent. 3 it abbreviates the word "retired" or places it following any word or words which it modifies. 4) It uses a word or prefix, such as "former" or "ex -,`" which means a prior status. The only exception is the use of the word "retired." P 5) It uses the name of any political party, whether or not it has qualified for the ballot. It uses a word or words referring to a racial, religious, or ethnic group. (7) It refers to any activity prohibited by law. (c) If, upon checking the nomination documents and the ballot designation worksheet described in Section 13107.3, the elections official finds the designation to be in violation of any of the restrictions set forth in this section, the elections official shall notify the candidate by registered or certified mail return receipt requested, addressed to the mailing address provided on the candidate's ballot designation worksheet. (1) The candidate shall, within three days, excluding Saturday, Sunday, and state holidays, from the date he or she receives notice by registered or certified mail, or from the date the candidate receives actual notice of the violation, whichever occurs first, appear before the elections official or, in the case of the Secretary of State, notify the Secretary of State by telephone, and provide a designation that complies with subdivision (a). (2) In the event the candidate fails to provide a designation that complies with subdivision (a) within the three -day period specified in paragraph (1), no designation shall appear after the candidate's name. (d) No designation given by _a candidate shall be changed by the candidate after the final date for filing nomination documents, except as specifically requested by the elections official as specified in subdivision (c) or as provided in subdivision (e). The elections official shall maintain a copy of the ballot designation worksheet for each candidate that appears on the ballot in the county for the same period of time as applied to nomination documents pursuant to Section 17100. (e) The designation shall remain the same for all purposes of both primary and general elections, unless the candidate, at least 98 days prior to the general election, requests in writing a different designation which the candidate is entitled to use at the time of the request. (f) In all cases, the words so used shall be printed in 8 -point roman uppercase and lowercase type except that, if the designation selected is so long that it would conflict with the space requirements of Sections 13207 and 13211, the elections official shall use a type size for the designation for each candidate for that office sufficiently smaller to meet these requirements. (g) Whenever a foreign language translation of a candidate s designation is required under the Voting Rights Act of 1965 (42 U.S.C. Sec. 1971), as amended, to appear on the ballot in addition to the English language version, it shall be as short as possible, as consistent as is practicable with this section, and shall employ abbreviations and initials wherever possible in order to avoid undue length. 13107.5 BALLOT DESIGNATION OF "COMMUNITY VOLUNTEER" (a) A candidate's ballot designation as "community volunteer" shall constitute a valid principal vocation or occupation for purposes of subdivision (a) of Section 13107, if not otherwise in violation of any of the restrictions set forth in that section, and subject to the following conditions: (1) A candidate's community volunteer activities constitute his or her principal profession, vocation, or occupation. (2) A candidate is not engaged concurrently in another principal profession, vocation, or occupation. (3) A candidate may not use the designation of "community volunteer" in combination with any other principal profession, vocation, or occupation designation. (b) The Secretary of State shall by regulation define what constitutes a community volunteer for purposes of this section. O \Forms \Nomination Documents \Ballot Designation Worksheet 2012 / Revised 10/2011 MC Elections Required to be given to candidF Optional ' `?e signed and returned CODE OF FAIR CAMPAIGN PRACTICES (Division 20, Chapter 5, Elections Code.) Chapter 5. Fair Campaign Practices Article 1. General intent 20400. The Legislature hereby declares that the purpose of this chapter is to encourage every candidate for public office in this state to subscribe to the Code of Fair Campaign Practices. It is the ultimate intent of the Legislature that every candidate for public office in this state who subscribes to the Code of Fair Campaign Practices will follow the basic principles of decency, honesty, and fair play in order that, after vigorously contested but fairly conducted campaigns, the citizens of this state may exercise their constitutional right to vote, free from dishonest and unethical practices which tend to prevent the full and free expression of the will of the voters. The purpose in creating the Code of Fair Campaign Practices is to give voters guidelines in determining fair play and to encourage candidates to discuss issues distortions. instead of untruths or Article 2. Definitions 20420. As used in this Chapter, "Code" means the Code of Fair Campaign Practices, Article 3. Code of Fair Campaign Practices 20440. At the time an individual is issued his or her declaration of candidacy, nomination papers, or any other paper evidencing an intention to be a candidate for public office, the elections official shall give the individual a blank form of the code and a copy of this chapter. The elections official shall inform each candidate for public office that subscription to the code is voluntary. In the case of a committee making an independent expenditure, as defined in Section 82031 of the Government Code, the Secretary of State shall provide a blank form and a copy of this chapter to the individual filing, in accordance with Title 0 (commencing with § 81000) of the Government Code, an initial campaign statement on behalf of the committee. The text of the Code shall read, as follows: (See "CODE OF FAIR CAMPAIGN PRACTICES" on reverse side). 20442. The elections official shall accept, at all times prior to the election, all completed forms. which are properly subscribed to by a candidate for public office and shall retain them for public inspection until 30 days after the election. 20443. Every code subscribed to by a candidate for public office pursuant to this chapter is a public record open for public inspection. 20444. In no event shall a candidate for public office be required to subscribe to or endorse the code. OAFORMS1Nomination bocument$\Code of Fair Campaign Practices doo 2008 / Revised 2006 MC Elections Regulred to be given to candidate Optional to be signed and returned CODE OF FAIR CAMPAIGN PRACTICES There are basic principles of decency, honesty, and fair play which every candidate for public office in the State of California has a moral obligation to observe and uphold in order that, after vigorously contested but fairly conducted campaigns, our citizens may exercise their constitutional right to a free and untrammeled choice and the will of the people may be fully and clearly expressed on the issues. THEREFORE: (1) 1 SHALL CONDUCT my campaign openly and publicly, discussing the issues as I see them, presenting my record and policies with sincerity and frankness, and criticizing without fear or favor the record and policies of my opponents or political parties that merit this criticism. (2) 1 SHALL NOT USE OR PERMIT the use of character defamation, whispering campaigns, libel, slander, or scurrilous attacks on any candidate or his or her personal or family life. (3) l SHALL NOT USE OR PERMIT any appeal to negative prejudice based on a candidate's actual or perceived race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, age, sexual orientation, sex, including gender identity, or any other characteristic set forth in Section 12940 of the Government Code, or association with another person who has any of the actual or perceived characteristics set forth in Section 12940 of the Government Code. (4) 1 SHALL NOT USE OR PERMIT any dishonest or unethical practice that tends to corrupt or undermine our American system of free elections, or that hampers or prevents the full and free expression of the will of the voters including acts intended to hinder or prevent any eligible person from registering to vote, enrolling to vote, or voting. (5) 1 SHALL NOT coerce election help or campaign contributions for myself or for any other candidate from my employees. (6) 1 SHALL IMMEDIATELY AND PUBLICLY REPUDIATE support deriving from any individual or group that resorts, on behalf of my candidacy or in opposition to that of my opponent, to the methods and tactics that I condemn. I shall accept responsibility to take firm action against any subordinate who violates any provision of this code or the laws governing elections. (7) 1 SHALL DEFEND AND UPHOLD the right of every qualified American voter to full and equal participation in the electoral process. I, the undersigned, candidate for election to public office in the State of California or treasurer or chairperson of a committee making any indepe-ndenfexpenditures, hereby voluntarily endorse, subscribe to, and solemnly pledge myself to conduct my campaign in accordance with the above principles and practices. � Date 1�j Printed htA rt{e Date of Election OAFORMS \Nomination Documents \Code of Fair Campaign Pmctices.doc 2008 / Revised 2006 MC Elections city of s Luis oBi SPO 9 1 -11.1 990 Palm Street, San Luis Obispo, CA 93401-3249 u gust 3, 2012 Fair Political Practices Commission Technical Assistance & Analysis Division 428 J Street, Suite 620 Sacramento, CA 95814 -2329 To Whom It May Concern: Pursuant to FPPC requirements, enclosed is the original Statement of Economic Interest (Form 700) filed by candidate John Ashbaugh, candidate for San Luis Obispo City Council at the November 6, 2012 municipal election. If you need any additional information, please feel free to contact me at (805) 781 -7102. Sincerely, Sheryll Schroeder, MMC Interim City Clerk Enclosure L�NThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities, Telecommunications Device for the Deaf (805) 781 -7410. STATEMENT OF ECONOMIC INTERESTS COVER PAGE Please type or print in ink. z1oz-80 9 n NAME OF FILER (LAST) lFIRST) (MIDDLE) 1. Office, Agency, or Court Agency Name c_:,-k Division, Board, Department, Oistrk if applicable Your Position ► If filing for multiple positions, list below or on an attachment. Agency: Position: 2. Jurisdiction of Office (Check at least one box) ❑ State ❑ Judge or Court Commissioner (Statewide Jurisdiction) ❑ Multi- County ❑ County of 5� -eity of ❑ Other 3. Type of Statement (Check at least one box) ❑ Annual: The period covered is January 1, 2011, through ❑ Leaving Office: Date Left -or- December 31, 2011. (Check one) The period covered is through O The period covered is January 1, 2011, through the date of December 31, 2011. leaving office. ❑ Assuming Office: Date assumed O The period covered is through Candidate: Election Year 25)(Z 4. Schedule Summary Check applicable schedules or "None." ® Schedule A -1 - Investments - schedule attached ® Schedule A -2 - Investments - schedule attached Schedule B - Real Property- schedule attached 5. Verification the date of leaving office. Office sought, if different than Part 1° ► Total number of pages including this cover page: Schedule C - Income, Loans, & Business Positions - schedule attached Schedule D - Income - Gilts - schedule attached ❑ Schedule E - Income - Gifts - Travel Payments - schedule attached ,or- None - No reportable interests on any schedule MAILING ADDRESS STREET CITY STATE ZIP CODE (Business / A oorAggenccyAddress SCE w 1vL) ( � rr C /5L�J DAYTIME TELEPHONE NUMBER E-MAILADDRESS PIPTIONAILI I have used all reasonable diligence in preparing this statement. I have reviewed this �Ialement and to the best of my knowledge the information contained herein and in any attached schedules is true and complete. I acknowledge this is a public document. certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date Signed .61!, (V-- Signature (monlh, day, yeao FPPC Form 700 (2011/2012) FPPC Toll -Free Helpline: 866 /275 -3772 www.fppc.ca.gov SCHEDULE A -1 Investments Stocks, Bonds, and Other Interests (Ownership Interest Is Less Than 10 %) Do not attach brokerage or financial statements. ■ NAME OF BUSINESS ENTITY Maguire & Ashbaugh GENERAL DESCRIPTION OF BUSINESS ACTIVITY Attorneys at law FAIR MARKET VALUE ❑ $2,000 - $10,000 ❑ $10,001 - $100,000 ❑X $100,001 - $1,000,000 [] Over $1,000,000 NATURE OF INVESTMENT ❑ Stock ❑ Other (Describe) ® Partnership O Income Received of $0 - $499 ® Income Received of $500 or More (Report on Schedule C) I IF APPLICABLE, LIST DATE: P . 10 —J ' 10 ACQUIRED DISPOSED ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF BUSINESS ACTIVITY FAIR MARKET VALUE ❑ $2,000 - $10,000 ❑ $10,001 - $100,000 ❑ $100,001 - $1,000,000 ❑ Over $1,000,000 NATURE OF INVESTMENT ❑ Stock ❑ Other (Describe) ❑ Partnership O Income Received of $0 - $499 O Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE: ACQUIRED DISPOSED ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF BUSINESS ACTIVITY FAIR MARKET VALUE ❑ $2,000 - $10,000 ❑ $10,001 - $100,000 ❑ $100,001 - $1,000,000 ❑ Over $1,000,000 NATURE OF INVESTMENT ❑ Stock ❑ Other (Describe) ❑ Partnership O Income Received of $0 - $499 O Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE: / 10 —J —J 10 ACQUIRED DISPOSED Comments: CALIFORNIA FORM 700 FAIR POLITICAL PRACTICES COMMISSION Ashbaugh Name John B. ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF BUSINESS ACTIVITY FAIR MARKET VALUE [� $2,000 - $10,000 ❑ $10,Ool - $100,000 ❑ $100,001 - $1,000,000 ❑ Over $1,000,000 NATURE OF INVESTMENT ❑ Stock Other . (Describe) ❑ Partnership O Income Received of $0 - $499 O Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE: —J— . 10 _�_� 10 ACQUIRED DISPOSED ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF BUSINESS ACTIVITY FAIR MARKET VALUE ❑ $2,000 - $10,000 ❑ $10,001 - $100,000 ❑ $100,001 - $1,000,000 ❑ Over $1,000,000 NATURE OF INVESTMENT ❑ Stock ❑ Other --- (Describe) ❑ Partnership O Income Received of $0 - $499 O Income Received of $500 or More (Report on Schedule c) IF APPLICABLE, LIST DATE: ACQUIRED DISPOSED ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF BUSINESS ACTIVITY FAIR MARKET VALUE ❑ $2,000 - $10,000 ❑ $10,001 - $1o0,om ❑ $100,001 - $1,000,000 ❑ Over $1,000,000 NATURE OF INVESTMENT ❑ Stock ❑ Other - (Describe) ❑ Partnership O Income Received of $0 - $499 O Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE: 1 10 _�_� 10 ACQUIRED DISPOSED FPPC Form 700 (201012011) Sch. A -1 FPPC Toll -Free Helpline: 8661275 -3772 www.fppc,ca.gov "11�� Maguire and Ashbaugh Name Address (Business Address Acce -b SCHEDULE A -2 Investments, Income, and Assets of Business Entities/Trusts (Ownership Interest is 10% or Greater) Name Name John B. Ashbaugh p a eJ Address (Business Address Acdeplaw Check one - -� 1 Check one El Trust, Trust, go to 2 Business Entity, complete the box, then go to 2 El Trust, go l0 2 L1 Business Entity, complete the box, then go to 2 GENERAL DESCRIPTION OF BUSINESS ACTIVITY Attorneys at Law FAIR MARKET VALUE IF APPLICABLE, LIST DATE: ❑ $2,000 - $10,000 ❑ $1o,001 - $ioo,000 ❑X $100,001 - $1,000,000 ACQUIRED DISPOSED ❑ Over $1,000,000 NATURE OF INVESTMENT ❑ Sole Proprietorship ® Partnership ❑ YOUR BUSINESS POSITION Comm. Partner intereS�h� wife) Ej $0 - $499 ❑ $10,001 - $100,000 ❑ $500 - $1,000 0 OVER $100,000 ❑ $1,001 - $10,000 County of San Luis Obispo Check one box: ❑ INVESTMENT ® REAL PROPERTY 991_Osos St., San Luis Obispo Name of Business Entity a Street Address or Assessor's Parcel Number of Real Property Legal Description of Business Activity or City or Other Precise Location of Real Properly FAIR MARKET VALUE IF APPLICABLE, LIST DATE: ® $2,000 - $10,000 $10,0D1 - $100,000 _J_00. 10_ __j__/ 10 $100,001 - $1,000,000 ACQUIRED DISPOSED Over $1,000,000 GENERAL DESCRIPTION OF BUSINESS ACTIVITY FAIR MARKET VALUE IF APPLICABLE, LIST DATE: ❑ $2,000 - $10,000 ❑ $10,001 - $1o0,000 $100,001 - $1,000,000 ACQUIRED DISPOSED ] Over $1,000,000 NATURE OF INVESTMENT ❑ Sole Proprietorship ❑ Partnership ❑ YOUR BUSINESS POSITION ❑ $o - $499 ❑ $10,001 - $100,000 ❑ $500 - $1,000 ❑ OVER $100,000 ❑ $1,001 - $10,000 Check one box: ❑ INVESTMENT ❑ REAL PROPERTY Name of Business Entity or Street Address or Assessor's Parcel Number of Real Property Other Description of Business Activity or City or Other Precise Location of Real Property FAIR MARKET VALUE IF APPLICABLE, LIST DATE: ❑ $2,000 - $10,000 ❑ $10,001 - $1oo,000 _J_/ 10 ❑ $100,001 - $1,000,000 ACQUIRED DISPOSED ❑ Over $1,000,0oo NATURE OF INTEREST NATURE OF INTEREST ❑ Property Ownership /Deed of Trust ❑ Stock ❑ Partnership ❑ Property Ownership /Deed of Trust ❑ Stock ❑ Partnership Q Leasehold 0.5 ❑ Other. Yrs. remaining ❑ Leasehold E) Other Yre. remaining ❑ Check box If additional schedules reporting investments or real properly ❑ Check box If additional schedules reporting Investments or real property ` are attached are attached Comments-, 3 -year lease expiring June 2011 - FPPC Form 700 (201012011) Sch. A -2 FPPC Toll -Free Helpline: 866 /275 -3772 www.fppc.ca.gdv SCHEDULE B Interests in Real Property (Including Rental Income) ► ASSESSOR'S PARCEL NUMBER OR STREET ADDRESS CITY San Luis Obispo FAIR MARKET VALUE ❑ $2,000 - $10,000 ❑ $10,001 - $100,000 0 $100,001 - $1,000,000 ❑ Over $1,000,000 NATURE OF INTEREST Q Ownership /Deed of Trust ❑ Leasehold - Yrs. remaining Other IF RENTAL PROPERTY, GROSS INCOME RECEIVED $0 - $499 ❑ $500 - $1,000 ❑ $1,001 - $10,000 $10,001 - $100,000 [:] OVER $100,000 SOURCES OF RENTAL INCOME: If you own a 10% or greater interest, list the name of each tenant that is a single source of income of $10,000 or more. IF APPLICABLE, LIST DATE: __J__J 11 ___/_J 11 ACQUIRED DISPOSED ❑ Easement Name Ashbaugh,John ► ASSESSOR'S PARCEL NUMBER OR STREET ADDRESS CITY Wawona, CA (Mariposa County) FAIR MARKET VALUE IF APPLICABLE, LIST DATE: ❑ $2,000 - $10,000 ❑ $10,001 - $100,000 0 $100,001 - $1,000,000 ACQUIRED DISPOSED ❑ Over $1,000,000 NATURE OF INTEREST Q Ownership /Deed of Trust ❑ Easement ❑ Leasehold ❑ Yrs remaining Other IF RENTAL PROPERTY, GROSS INCOME RECEIVED E] $0 - $499 ❑ $500 - $1,000 Q $1,001 - $10,000 ❑ $10,001 - $100,000 ❑ OVER $100,000 SOURCES OF RENTAL INCOME: If you own a 10% or greater interest, list the name of each tenant that is a single source of income of $10,000 or more. * You are not required to report loans from commercial lending institutions made in the lender's regular course of business on terms available to members of the public without regard to your official status. Personal loans and loans received not in a lender's regular course of business must be disclosed as follows: NAME OF LENDER" ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF LENDER INTEREST RATE TERM (MonthsNears) ❑ None - -- -- - HIGHEST BALANCE DURING REPORTING PERIOD ❑ $500 - $1,000 ❑ $1,001 - $10,000 ❑ $10,001 - $100,000 OVER $100,000 Guarantor, if applicable Comments: NAME OF LENDER' ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF LENDER INTEREST RATE TERM (Months/Years) % ❑ None HIGHEST BALANCE DURING REPORTING PERIOD ❑ $500 - $1,000 ❑ $1,001 - $10,000 $10,001 - $100,000 ❑ OVER $100,000 ❑ Guarantor, if applicable FPPC Form 700 (2011/2012) Sch. B FPPC Toll -Free Helpline: 866 /275 -3772 www.fppc.ca.gov SCHEDULE C CALIFORNIA Income, Loans, & Business FAIR POLITICAL Positions Name (Other than Gifts and Travel Payments) Ashbaugh, John NAME OF SOURCE OF INCOME Hancock College ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE Education YOUR BUSINESS POSITION Educator GROSS INCOME RECEIVED ❑ $500 - $1,000 ❑ $1,001 - $10,000 ❑X $10,001 - $100,000 ❑ OVER $100,000 CONSIDERATION FOR WHICH INCOME WAS RECEIVED ❑X Salary ❑ Spouse's or registered domestic partner's income ❑ Loan repayment ❑ Partnership ❑ Sale of (Real property, car, boat, etc) ❑ Commission or ❑ Rental Income, list each source of $10,000 or more ❑ Other (Describe) NAME OF SOURCE OF INCOME San Luis Coastal Unified School District ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE Education YOUR BUSINESS POSITION Educator GROSS INCOME RECEIVED ❑ $500 - $1,000 ❑ $1,001 - $10,000 ❑ $10,001 - $100,000 ❑ OVER $100,000 CONSIDERATION FOR WHICH INCOME WAS RECEIVED ❑X Salary ❑ Spouse's or registered domestic partner's income ❑ Loan repayment ❑ Partnership n Sale of (Real property, car, boat, etc) ❑ Commission or ❑ Rental Income, list each source or $10,000 or more ❑ Other (Describe) ilo- 2. LOANS RECEIVED OR OUTSTANDING DURING THE REPORTING PERIOD * You are not required to report loans from commercial lending institutions, or any indebtedness created as part of a retail installment or credit card transaction, made in the lender's regular course of business on terms available to members of the public without regard to your official status. Personal loans and loans received not in a lender's regular course of business must be disclosed as follows: NAME OF LENDER" INTEREST RATE TERM (MonthslYears) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF LENDER HIGHEST BALANCE DURING REPORTING PERIOD ❑ $500 - $1,000 ❑ $1,001 - $10,000 ❑ $10,001 - $100,000 ❑ OVER $100,000 Comments: % ❑ None SECURITY FOR LOAN ❑ None ❑ Personal residence ❑ Real Property Street address — — City ❑ Guarantor ❑ Other-- (Describe) FPPC Form 700 (2011/2012) Sch. C FPPC Toll -Free Helpline: 866/275 -3772 www.fppc.ca.gov SCHEDULE D Income — Gifts ► NAME OF SOURCE Z MCA 5 Lo_ . Grp ADDRESS (Business Address Acceptable) BUSINESS ACTIVI Y, IF ANY, OF SOURCE DATE mm/Adlyy) VALUE DESCRIPTION OF GIFT(S) ► NAME OF SOURCE ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY. IF ANY, OF SOURCE DATE (mm /dd /yy) VALUE —J 5 ► NAME OF SOURCE DESCRIPTION OF GIFT(S) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mm /dd /yy) VALUE Comments: DESCRIPTION OF GIFT(S) ► NAME OF SOURCE Name ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mm /dd /yy) VALUE DESCRIPTION OF GIFT(S) ► NAME OF SOURCE ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mm /ddtyy) VALUE DESCRIPTION OF GIFT(S) ► NAME OF SOURCE ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mm /dd /yy) VALUE —/ $ —1— S DESCRIPTION OF GIFT(S) FPPC Form 700 (2011/2012) Sch. D FPPC Toll -Free Helpline: 866/275 -3772 www.fppc.ca.gov RECEIPT FOR MATERIALS PROVIDED BY THE ELECTIONS OFFICIAL 1, , 4, ��±^ ��_ , hereby acknowledge receipt and review of nomination documents and the candidate's packet on behalf of myself or _. as a candidate for Mayor or Council Member in the General Municipal Election to be held in the City of San Luis Obispo on Tuesday, November 6, 2012. I acknowledge that the Nomination Paper, Ballot Designation Worksheet, Candidate Statement of Qualification and Statement of Economic Interest (Form 700) are to be returned on or before the close of nomination period, August 10, 2012 (if an incumbent does not file, extended filing period closes August 15, 2012). 'Official Nomination Paper Er allot Designation Worksheet ET-C'andidate Statement of Qualification E Statement of Economic Interest — Form 700, FAQ, Reference Pamphlet &. Gift Rules Otode of Fair Campaign Practices Form — Voluntary C9I'lection Calendar Election Manual z, Date Received by: Submitted By: Or can 'd to designee) City C1 GENERAL MUNICIPAL ELECTION - NOVEMBER 6, 2012 ACKNOWLEDGMENT FORM 1, Ag A-5 L hereby acknowledge receipt of nomination documents and the candidateY packet on behalf of myself or,--,-- the General Municipal as a candidate for Mayor or Council Member �� Election to be held in the City of Sawn Luis Obispo on Tuesday, November 6, 2012. 1 am a registered voter and a qualified elector of the City of San Luis Obispo- Date: -, - Date: Signature: _ —�_G I� �- - -_ Name of Candidate: Address: Telephone Number: �( -- E -Mail address: k)a Name of Treasurer: Address: Telephone Number: E -Mail address: G� roc. Registration verified by: a GA702 -01 ElcuionsTlection 20121CandiduU's Ac lQiow1cdgemenGdoc Date:, - Schroeder. 3hervlf From: Schroeder, Sheryll Sent: Wednesday, August 01, 2012 4:16 PM To: jasnbaugnCccucnarter.ner Subject: Form 460 Attachments: Form 460 Ist pg.pdf 1s►hn, I've attached the instruction sheet from the Form 460. As I read it, "A candidate or officeholder who has a controlled committee or who has raised or spent or will raise or spend $1.000 or more during a calendar year in connection with election to office or holding office." I apologize for the late reminder. If you feel you do not need to file this form, please let me know. If you agree with the requirement, please complete the 460 and submit to the Clerk's Office ASAP. Thanks, Sheryl! Schroeder. ShervH From: John Ashbaugh <john @johnashbaugh.com> Sent: Tuesday, July 17, 2012 4:47 PM To: Schroeder, Sheryll Subject: RE: Redacting of information on campaign statements Yes, I'd prefer that my campaign donors AND addresses of the businesses /individuals where I'm spending my campaign funds be redacted. Thanks. From: Schroeder, Sheryll [mailto:sschroedCa)slocitv.org] Sent: Tuesday, July 17, 2012 1:17 PM To: John Ashbauoh Subject: Redacting of information on campaign statements John, I will be posting your campaign statements on the city's web page, how much of the information do you want redacted. Things like your address and phone number, obviously your bank account information, what about addresses of campaign fund donors? Thanks, Sheryll Schroeder, Sheryl] From: Schroeder, Sheryll Sent: Monday, August 13, 2012 10:25 AM To: 'John Ashbaugh' Subject: form 410 John, just a reminder that you have not signed and completed your amended Form 410. Sheryll